| ... |
... |
@@ -1,40
+1,0 @@ |
| 1 |
|
-Susan Bendlin, Assistant Professor at Barry University School of Law, “Qualified Immunity: Protecting “All but the Plainly Incompetent” (And Maybe Some of Them, Too),” John Marshall Law Review, Vol. 45, 2012. |
| 2 |
|
-The doctrine of...immunity at all.”” |
| 3 |
|
- |
| 4 |
|
-Cornell Law school https://www.law.cornell.edu/wex/sovereign_immunity |
| 5 |
|
-Generally, the idea...in of itself. |
| 6 |
|
- |
| 7 |
|
-Text-The United States ought to keep qualified immunity but ban Sovereign immunity |
| 8 |
|
- |
| 9 |
|
-Solvency advocate: |
| 10 |
|
-Chemerinsky, Erwin. “Against Sovereign Immunity.” Stanford Law Review, vol. 53, no. 5, 2001, pp. 1201–1224. www.jstor.org/stable/1229540. |
| 11 |
|
- |
| 12 |
|
-In recent years...the Supreme Court. |
| 13 |
|
- |
| 14 |
|
-Competition - |
| 15 |
|
-1. Mutually exclusive - The aff limits qualified immunity i keep it |
| 16 |
|
- |
| 17 |
|
-Net benefits: |
| 18 |
|
-Sovereign immunity is unconstitutional |
| 19 |
|
-Chemerinsky, Erwin. “Against Sovereign Immunity.” Stanford Law Review, vol. 53, no. 5, 2001, pp. 1201–1224. www.jstor.org/stable/1229540. |
| 20 |
|
-A. |
| 21 |
|
-The doctrine is...bar suits against |
| 22 |
|
- |
| 23 |
|
-B. Sovereign immunity ban would allow for better government accountability |
| 24 |
|
-Chemerinsky, Erwin. "Against Sovereign Immunity." Stanford Law Review 53.5 (2001): 1201-224. Web. |
| 25 |
|
- |
| 26 |
|
-I believe that...with the law |
| 27 |
|
- |
| 28 |
|
-C. And judicial activism solves for oppression |
| 29 |
|
-Too much of...more judicial activism. |
| 30 |
|
- |
| 31 |
|
-Allowing for people to hold governments accountable will mean that judicial activism can occur and solve for the disparities of marginalized groups |
| 32 |
|
-USSC 16 Supreme court of the United States: October 21, 2016 https://www.supremecourt.gov/about/constitutional.aspx |
| 33 |
|
-And the Supreme Court solves better for oppression by uniquely setting precedent according to cases that arise and also stop majority rule. It is available it just needs to be utilized |
| 34 |
|
- |
| 35 |
|
-"EQUAL JUSTICE UNDER...of human affairs." |
| 36 |
|
- |
| 37 |
|
-D. Limiting qualified immunity creates a ruse of solvency by failing to address the root cause of structural violence Suits are very limited in encouraging systematic reform |
| 38 |
|
- |
| 39 |
|
-Rachel A. Harmon, Professor-University of Virginia School off Law, 2009, “Promoting Civil Rights Through Proactive Policing Reform,” Stanford Law Review, 62 Stan. L. Rev. 1, p. 9-10 |
| 40 |
|
-Successful § 1983 suits...encouraging institutional reform. |